Choosing the correct procedure to address your employee’s disciplinary or capability issues is crucial. After all, the correct procedure will help you deal with the problems correctly. However, not following the correct and fair procedure when dealing with either a disciplinary or capability issue can lead to an employment claim in an employment tribunal. Hence, this article will explain to you, as an employer, the key differences between disciplinary and capability procedures in England. <\/p>\n\n\n\n
Disciplinary procedures provide employers with a formal response to addressing workplace misconduct. Misconduct is when your employee breaks workplace rules, such as by:<\/p>\n\n\n\n
A disciplinary procedure should be fair and focus on thoroughly investigating the alleged misconduct step-by-step. This procedure should include:<\/p>\n\n\n\n
You should note that where misconduct is gross misconduct, you may dismiss your employee immediately without notice.<\/p>\n\n\n\n
A capability or performance issue<\/a> is usually where your employee cannot control their ability to perform correctly or to the standard required on their job at work. If you have a capability procedure in place in your business, you should use the capability procedure instead of your disciplinary procedure. Alternatively, you may have a performance management procedure in place.<\/p>\n\n\n\n A capability procedure should still be fair. Hence, it should start with an investigation so that you are clear on the issues and what steps you may take. A capability procedure focuses on:<\/p>\n\n\n\n A capability procedure typically includes:<\/p>\n\n\n\n